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august 2007

Supreme Court of India · 2007-08-27

Haryana State Industrial Development ... vs M/S. Cork Manufacturing Co

Court
Supreme Court of India
Petitioner
Haryana State Industrial Development ...
Respondent
M/S. Cork Manufacturing Co
Author
Tarun Chatterjee
Bench
Tarun Chatterjee, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court upheld the Punjab and Haryana High Court's decision affirming the lower courts' ruling that the resumption of an industrial plot allotted to the respondent was illegal. The Court found that the appellant's failure to remove high tension wires obstructing construction constituted a valid reason for the respondent's non-compliance with Clause 8 of the agreement. The Court emphasized that the appellant could not resume the plot without addressing the impediments faced by the respondent, thereby reinforcing the principle that contractual obligations must be fulfilled in good faith.

Haryana State Industrial Development ... vs M/S. Cork Manufacturing Co · Niyam